Section 439 in The Code of Criminal Procedure, 1973
439. Special powers of High Court or Court of Session regarding bail.
(1) A High Court ... triable under sub-section (3) of section 376 or section 376AB or section 376DA or section 376DB of the Indian Penal Code, give notice
instant applicant under Section 439 (2) of Code of
3 M.Cr.C.No. 22615/2020
Criminal Procedure has been preferred by the applicant /
complainant ... Criminal Procedure,
1973 to proceedings before a Special Court.- Save
as otherwise provided in this Act, the provisions of
the Code of Criminal Procedure
offence
under Section 307 of IPC is made out against the applicant
either directly or with he help of Section 34 of IPC whereas
remaining ... application
under Section 439(2) filed by the applicant Gosiya
Khan may be allowed.
Consequently, application under Section 439(2)
of Cr.P.C. filed
surrender and pray for regular bail under Section
439 of the Code of Criminal procedure. The Court
concerned, instead of taking him into custody,
considering ... surrender and file their
applications for bail under Section 439 of the Code
of Criminal Procedure, the concerned Court will
pass an order
State.
Heard. Case diary perused.
This is repeat (second) application under Section 439 , Cr.P.C
for grant of bail in connection with Crime ... respondent/State.
Heard. Case diary perused.
This is first application under Section 439 , Cr.P.C for grant
of bail in connection with Crime
powers of this Court either under Section 482 Cr.P.C. or Sections 397 Cr.P.C. cannot be countenanced, more so in view ... other enactments including the Cr.P.C . in light of Sections 4 and 5 thereof. While Section 4(2) of the Cr.P.C. provides
provisions
of Section 14-A of the Atrocities Act or application under Section 438 / 439
of Code of Criminal Procedure, as the case ... provisions of Section 14-A of the Atrocities Act or
application under Section 438 / 439 of Code of Criminal Procedure,
as the case
provision of anticipatory bail in the Code of
Criminal Procedure of 1973, the previous Code of Criminal Procedure of 1898 did
not provide for anticipatory ... offence can move
the court for bail under Section 439 Criminal Procedure Code
unless he is in custody.
(7). When is a person in custody
found that in his statement
recorded under Section 161 of the Code of Criminal Procedure the father of the
prosecutrix has not stated anything about ... Statement
made by the prosecutrix under Section 164 of the Code of Criminal Procedure
that Narayan Singh told her that he has procured her from
dated 6.9.2013
registered under Sections 406 / 498-A / 323 / 324 / 506 / 120-B IPC ( Sections
307 IPC and Sections 3 and 4 of Dowry Prohibition ... person is in
custody, within the meaning of Section 439 Code of
Criminal Procedure? When he is duress either
because he is held
